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Constituting Development in Somaliland
 

Constituting Development in Somaliland

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    Constituting Development in Somaliland Constituting Development in Somaliland Presentation Transcript

    • Constituting Development in Somaliland Development, Democracy, and Institution-Building Mercatus Center George Mason University October 7, 2009 Sujai Shivakumar PhD Board on Science, Technology and Economic Policy The National Academies
    • The 21 st Century Challenge
      • Numerous independent nation states emerged in the 20th Century…
        • End of European Imperialism
        • Marxist-Leninist Revolutionary Struggles
      • .. but many have not succeeded
        • Development Failures, State Failures
        • Plunder and Pillage; Humanitarian Crises
      • How to achieve democratic governance in the 21st Century?
        • How do we achieve stable, self-governing societies?
        • How do we address the Challenge of Development?
      Sujai Shivakumar PhD
    • The Constitutional Challenge Sujai Shivakumar PhD
      • Whether human societies are capable of establishing good government from refection and choice, or whether they are destined to depend for their political constitutions on accident and force
          • Alexander Hamilton, The Federalist
      • Focus on Somaliland
      Sujai Shivakumar PhD
    • Sujai Shivakumar PhD
    • Somali Society
      • Clan structure remains the bedrock foundation of the pastoral Somali society
        • The primacy of clan interests is its natural divisive reflection at the political level.
      • The viability of the blood compensation paying group depends primarily on how wealthy the members are.
        • As long there is a social need for the dia-paying group, the traditional structures will persist.
      • Somali customary laws
        • Xeer can be contracted into - and out of – and, according to need, contracts can be abrogated, modified, rescinded or new ones made.
        • Basis of new Somaliland constitution
      Sujai Shivakumar PhD
    • A Recent History of Somaliland (in Brief)
      • British Somaliland (1899-1960)
        • Ruled from British India; Provided security to the Suez Canal and safety for the Empire's vital naval routes through the Red Sea and the Gulf of Aden
        • Briefly conquered by the Italians during WWII
      • Merger with Somalia
        • 1967 Coup by Siad Barre, who instituted a Marxist regime, and became a close ally of the Soviet Union
        • Disenchantment with Somalia as SL is marginalized in government
      • Civil War
        • 1981- 1990: Somali National Movement seeks to topple Barre
        • Barre responds with areal bombings
      • Independence (1991)
        • Somaliland asserts independence—Still remains unrecognized
        • Inter-clan conflict continues through mid-1990s
        • Peace conference (1993) and gradual fall in violence; Rebuilding begins
        • Mid to late1990s—New Constitution adopted
      Sujai Shivakumar PhD
    • Today’ Presentation
      • Institutions and Development
        • Development as Adaptive wellbeing through Collective Action
        • Institutions as Technologies for Successful Collective Action
      • Assessing the State as an Institution
        • Limits of State-led Development
      • Role of Democracy in Development
      • Constituting Somaliland
        • “ Starting from Here”
      Sujai Shivakumar PhD
    • Institutions and Development Technologies for Successful Collective Action
    • The Meaning of Development
      • Development concerns the realization of our adaptive wellbeing through productive association with others
      • Institutions matter for development
        • Represent a shared understanding of rules needed for collective action
        • We need to recognize and renew these shared institutional resources
      • Many assume state provides institutional basis for development
      Sujai Shivakumar PhD
    • State Governance & Development
      • Traditional Interpretation: Development as Transformation
        • Features of a “developing” country  Features of a “developed” country
        • Aid to facilitate this process by filling gaps
      • Role of the State is to transform society from developing to developed status
        • Agents of state to formulate and administer policies
        • Constitution typically recognized as a charter describing the organization of the state and legitimizing coercion by the state
      • The State often does not provide the institutional basis for this transformation
      Sujai Shivakumar PhD
    • What is an Institution?
      • They are rules, socially considered
      • By structuring human interaction, they
        • Help each anticipate the actions of others
        • Reduce uncertainty, promote coordination and cooperation
      • To be successful, rules must be
        • Reliable —triggering consistently in similar circumstances
        • Recognizable —subject to broad awareness
        • Non-arbitrar y—seemingly dependant on general principles
      Sujai Shivakumar PhD
    • Institutions and Development
      • Institutions are important because successful collective action is needed for growth and development
        • We need to cooperate successfully to grow food, build roads, maintain safe neighborhoods, etc.
        • Successful collective action also needed to craft and maintain rules of the market and collective decision-making
      • When the social technologies for collective action are kept in good repair, we are better off
        • Citizens are better equipped to solve problems
        • Well maintained institutions ensure our improved adaptive well being
      Sujai Shivakumar PhD
    • Addressing Collective Action Situations lies at the Heart of Development
      • Collective Action Situations exist where contributions from multiple actors are required to produce joint outcomes
      • Collective Action Problems occur when unresolved
        • Motivation Problems and
        • Information Problems
        • … create sub-optimal outcomes
      Sujai Shivakumar PhD
    • Motivation problems
      • Social Dilemmas: Potential conflict between individual gain and collective benefits
        • Provision of public goods (public safety, health, knowledge, etc.)
        • Provision and maintenance of common-pool resources (protection of forests, wildlife, species, lakes, rivers, oceans, atmosphere)
      • If benefits can be obtained by an actor without contributing, temptation always exists to free ride on the efforts of others. May also face overuse.
      Sujai Shivakumar PhD
    • Information problems
      • Missing information
        • Time and Place Knowledge
        • Knowledge of local realities, rules, and relationships
      • Asymmetric information
        • Moral Hazard
        • Principle-agent problems
        • Signaling Problems
        • Fiscal Illusion (Policy Context)
      Sujai Shivakumar PhD
    • Societies around the world have variously developed institutional solutions to these problems Are these problem-solving technologies still relevant?
    • An example of an Institutional Solution to a Free Rider Problem
      • Free riders are those who seek to benefit from the actions of others without contributing their share of the effort
      • Solution: Ubudehe in Rwanda
        • Ubudehe is rooted in a long history of inclusive community participation in tilling fields for planting crops
        • Found among the Hutu and Tutsi communities in Rwanda, long before genocide of the 1990s
      Sujai Shivakumar PhD
    • An example of an Institutional Solution to a “Tragedy of the Commons” Problem
      • The Tragedy of the Commons refers to a failure of cooperation in the shared use of a Common Pool Resource
        • When needed institutions are absent, individuals may be motivated to use more than their share of a limited but openly available resource
        • Leads to non-sustainable use and degradation
      • Solution: Xeer in Somalia
        • Expectations for arrangements to share scarce grazing land and water sources among nomadic pastoralists in northern Somalia
      Sujai Shivakumar PhD
    • People everywhere face challenges of collective action
      • In developed countries, well adapted networks of institutions generally lead to productive outcomes
      • In poor countries, individuals often face negative incentives, making it difficult to
        • invest in economic activities
        • Provide public goods
        • Improve communally held resources
      • This failure of social cooperation is rooted in a variety of social dilemmas that remain unsolved—there are no relevant institutions
      Sujai Shivakumar PhD
    • Crafting Solutions to Collective Action Problems
      • A Complex task …
        • Collective Action Problems are often highly localized
        • Social dilemmas are numerous and often difficult to diagnose
        • Different interests and theories about working properties of rules can make agreement difficult
      • … but one that is necessary
        • Existence of institutions like ubudehe and xeer show that it is possible
      Sujai Shivakumar PhD
    • Crafting Solutions to Collective Action Problems
      • Improving development requires a focus on the multiple contexts within which citizens can identify and craft solutions to problems of collective action
        • This perspective differs from the State-centered approach to development
      Sujai Shivakumar PhD
    • Ideology of the State
      • The State as the Preeminent Tool for Development
        • Rulership
          • unity of power to maintain unity of law critical for social harmony—Hobbes
        • Governance
          • Bureaucratic Public Administration—Weber & Wilson
          • Aggregate data  Develop Policy  Implement Policy
      • This ideology still widely articulated
        • But is the State competent to address the range of collective action problems facing its subjects?
      Sujai Shivakumar PhD
    • Is the State Competent?
      • The Knowledge Problem
        • Agents of the state cannot gain “knowledge of time and place”— Friedrich Hayek
      • The Motivation Problem
        • Possibility of self-seeking and opportunistic agents of the state — James Buchanan
      • The Intellectual Crisis of Public Administration
        • Ideology of state stifles modes of creative inquiry and participation among citizens in solving problems of collective action — Vincent Ostrom
      Sujai Shivakumar PhD
    • Failures of the Ideology of the State
      • The emphasis on state-led development has often ruined capabilities for locally based problem-solving
      • The results have often been catastrophic
        • Rwanda
          • Indigenous institutions like ubudehe have been overlooked in favor of the “modernizing” potential of the state
          • Resulting deterioration of networks of trust contributed to the genocide
        • Somalia
          • UN imposed constitution failed to account for local institutional resources, like xeer
          • Somali rulers exploited indigenous institutions to stay in power, fraying the constitutional fabric of society
          • Resulting in famine, civil war, state collapse
      Sujai Shivakumar PhD
    • What is the alternative?
      • Begin with the recognition that failures of development are rooted in institutional failures
        • The state often does not address underlying problems of collective action
        • Organization of state often fosters perverse incentives of its own
      • Need to develop an alternate approach to the puzzle of development
        • One based on a deeper understanding of democracy and constitutional government
      Sujai Shivakumar PhD
    • The Meaning of Democracy Foundations of Constitutional Governance
    • The Role of Democracy in Development
      • Democracy concerns the norms of inclusion in public discourse and decision making
        • Participation and Debate
          • Ensures that policy decisions draw on knowledge that individuals have of their own time and place
        • Consensus
          • Helps strengthen common understandings about new decisions and rules—creating an institutional basis for successful collective action
      Sujai Shivakumar PhD
    • Centralized Democracy?
      • Popular view equates democracy with elections of representatives to a national government
        • Some believe that party politics associated with elections interfere with State’s ability to govern wisely
        • Idea underpins current efforts in “Nation-Building”
      • Centralized democracy can lead to ‘political free-riding’ that stifles local initiative and problem-solving
        • Tocqueville
      Sujai Shivakumar PhD
    • Polycentric Governance
      • Tocqueville, in Democracy in America , described a system of:
        • Multiple overlapping arenas of political authority
        • Various scales, from community organizations, to state government to national government
      • Governance structures are adaptive framework for problem-solving
        • World Wide Web is a modern example
        • Role of public entrepreneurship in seeking solutions to problems of collective action
      Sujai Shivakumar PhD
    • Foundations of Constitutional Governance
      • Constitutionally Constrained Democratic Governance
        • Focus on collective action within institutional constraints
        • Citizens addressing their common needs through the freedom to integrate their actions with those of others within crafted rules and innovated institutional arrangements
      • The Challenge: Crafting a system of interlinked problem-solving arenas
      Sujai Shivakumar PhD
    • Achieving a Self-Governing Civilization Starting from Here Building on Indigenous Institutional Foundations
    • Starting from “here”— Why?
      • We have to deal with indigenous institutions because they represent existing communities of understanding
        • Yet, we must recognize that evolved institutional forms, presented as indigenous or traditional do not necessarily denote optimal or even acceptable solutions to prevailing collective action problems
      Sujai Shivakumar PhD
    • Starting from “here”— How?
      • Challenge lies in developing and modifying existing rules and constitutional amenities
        • Need to harness more effectively the problem solving potentials latent in various locally focused indigenous institutions
        • Need to draw on existing mechanisms/ shared concepts to encourage rule change
        • Normative bases for rules—conjectural evolutionary claims
      Sujai Shivakumar PhD
    • Reviving indigenous capabilities for problem-solving
      • Ubudehe is being revived in Rwanda today
        • Focused on cellule level to rebuild local institutions and to encourage individuals to solve problems in association with each other
      • Xeer is underpinning new governance structures in Somaliland
        • Concept of covenanting now used to craft and maintain collective action institutions
      • A major Challenge of Development is to draw on such indigenous practices in crafting capabilities for self-governance
      Sujai Shivakumar PhD
    • Crafting Capabilities for Self-governance in Somaliland
      • A challenging environment
        • Civil conflict following the collapse of the Somali State
        • Clan-on-clan violence exacerbated by destruction of common pool resources
      • Recognizing the underlying collective action problem
        • Tragedy of the Commons  Conflict over Resources
      • Leveraging existing institutional capital: “Xeer”
        • Traditional ad hoc arrangements to share grazing land and water sources among nomadic pastoralists in northern Somalia
        • Action-Aid drew on clan traditions to craft new institutional arrangements before delivering aid
      Sujai Shivakumar PhD
    • Constituting Somaliland
      • Today, Xeer is underpinning new governance structures in Somaliland
        • Concept of covenanting now used to craft and maintain collective action institutions at various levels
      • The broader Challenge for Development in Africa and elsewhere is to draw on such indigenous practices in crafting capabilities for self-governance
      Sujai Shivakumar PhD
    • Somaliland’s “Success”
      • The chaos in Somalia obscures a remarkable political development in Somaliland.
      • Somaliland, which declared its independence in 1991, has
        • held three consecutive competitive elections since 2001,
        • has a parliament with opposition parties, and
        • boasts a growing economy propelled by the private sector.
      • The key to its success
        • The integration into politics of traditional Somali models of governance by consultation and consent
        • A contrast to the standard development paradigm
      Sujai Shivakumar PhD
    • To Conclude Achieving a Self-Governing Civilization
    • Achieving a Self-Governing Civilization
      • Alexander Hamilton
        • Presumption that societies of men and women can choose good government through reflection and choice
        • Federalism as the foremost theory of citizenship
      • Alexis de Tocqueville
        • A new age of democracy will only succeed to the degree that it developed a new science of politics that is based on principles of association, rather than on the ideology of state
      Sujai Shivakumar PhD
    • Achieving a Self-Governing Civilization for the 21 st Century
      • The challenge of Constitutional Political Economy lies in looking beyond the ideology of state governance
      • Need to understand the nature of collective undertakings with reference to:
        • Multiple levels of governance
        • Multiple sources of adaptation
      Sujai Shivakumar PhD
    • Thank you Sujai Shivakumar, PhD The National Academies 500 Fifth Street NW Washington DC 20001 Tel: 202 334 1337 Email: sshivaku@nas.edu
    • Agenda for Future Research: Recovering from State Failure
      • Analyze link between Institutional conditions and Development Sustainability
        • Impact on Aid on Successful Collective Action
      • Study local institutions and local governance structures
        • Recognize role of indigenous institutions
        • Modernize institutions to address contemporary challenges
      • Reconciling Bottom-up and Top-down governance
        • Incentives to recognize and nurture local/indigenous institutions
      • Training in Institutional Analysis
        • Build capacity to recognize and leverage existing institutional potentials
      Sujai Shivakumar PhD
    • Publications
      • The Constitution of Development
        • Crafting Capabilities for Self Governance
          • Palgrave Macmillan
      • The Samaritan’s Dilemma
        • The Political Economy of Development Aid
          • With Elinor Ostrom, Clark Gibson and Krister Andersson
          • Oxford University Press
      Sujai Shivakumar PhD